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Growth Management Report 12. 1.

BCC Regular Meeting

Meeting Date:	09/07/2017
Issue: Review of Rezoning Cases Heard by the Planning Board on August 1, 2017
From:	Horace Jones
Department:	Development Services

RECOMMENDATION:

Recommendation Concerning the Review of the Rezoning Cases Heard by the Planning Board on August 1, 2017

That the Board take the following action concerning the rezoning cases heard by the Planning Board on August 1, 2017:

Review and either adopt, modify, or reject the Planning Board’s recommendations for Rezoning Cases Z-2017-06, Z-2017-11, Z-2017-12, and Z-2017-13 or remand the cases back to the Planning Board; and
Authorize the Chairman to sign the Orders of the Escambia County Board of County Commissioners for the rezoning cases that were reviewed.

1.	Case No.:	Z-2017-06
	Address:	1703 N Q Street
	Property Reference No.:	17-2S-30-1300-110-019
	Property Size:	0.46 (+/-) acres
	From:	MDR, Medium Density Residential district (10 du/acre)
	To:	HDR, High Density Residential district (18 du/acre)
	FLU Category:	MU-U, Mixed-Use Urban
	Commissioner District:	3
	Requested by:	Floyd Peacock, Agent for New Birth Baptist Church, Owner
	Planning Board Recommendation:	Denial
	Speakers:	Floyd Peacock, Andrew Madison, Connie Taylor, Walter Taylor, Edward Hicks

2.	Case No.:	Z-2017-11
	Address:	7237 Mobile Highway
	Property Reference No.:	22-1S-31-2305-000-000
	Property Size:	4.30 (+/-) acres
	From:	LDR, Low Density Residential district (four du/acre)
	To:	HDMU, High Density Mixed-use district (25 du/acre)
	FLU Category:	MU-S, Mixed-Use Suburban
	Commissioner District:	1
	Requested by:	Tom Hammond, Agent for William R. Smith, Owner
	Planning Board Recommendation:	Denial
	Speakers:	Tom Hammond, Kenneth S. Sibley, Theresa Blackwell, Lester Allen, Kenneth W. Sibley

3.	Case No.:	Z-2017-12
	Address:	2410 Langley Avenue
	Property Reference No.:	10-1S-29-3101-027-001
	Property Size:	0.82 (+/-) acres
	From:	Com, Commercial district (25 du/acre)
	To:	HC/LI-NA, Heavy Commercial and Light Industrial district, prohibiting the subsequent establishment of any microbreweries, microdistilleries, microwineries, bars, nightclubs, or adult entertainment uses (25 du/acre)
	FLU Category:	MU-U, Mixed-Use Urban
	Commissioner District:	4
	Requested by:	Michael Milner, Agent for Richard Mertins, Owner
	Planning Board Recommendation:	Approval
	Speakers:	Michael Milner

4.	Case No.:	Z-2017-13
	Address:	105 Louis Street
	Property Reference No.:	16-1N-31-1000-003-012
	Property Size:	0.17 (+/-) acres
	From:	LDR, Low Density Residential district (four du/acre)
	To:	LDMU, Low Density Mixed-use district (seven du/acre)
	FLU Category:	MU-S, Mixed-Use Suburban
	Commissioner District:	5
	Requested by:	Hattie M. McGary, Owner
	Planning Board Recommendation:	Approval
	Speakers:	Hattie McGary, Fannie Randelson, Michael Riley, Claudia Rivers, Joe Mack, Shirley Singleton, Jacqueline Rogers, Peggy Fowler, Josh Womack, Billy Campbell, Donice Brown, Jessie Ezell, Ella Ezell, Albert Allen, Annie Purifoy, Scott Richards, Robbie Qualls, Betty McDaniel, Alisha McDaniel, Catherine Jordan, Kay Campbell, Shirley Atkins, Gwendolyn Brooks, Sharon Herron, Robert Cheatum, Dorothy Williams, Gene McCants, Troy Johnson, Horace Brown, Wanda Brown, Willie McGary, Jr., Toria Myles, Fannie Knight, Alma Strong, Fornethia Underwood

BACKGROUND:

The above cases were owner initiated and heard at the August 1, 2017, Planning Board Meeting. Under the Land Development Code (LDC) Chapter 2, Article 7, “the Board of County Commissioners, at its scheduled hearing shall adopt, modify, or reject the recommendation of the Planning Board or SRIA or return the rezoning case to the board with instructions for additional facts or clarification. The staff of the recommending board shall inform the board of all formal actions taken by the BCC on the rezoning request.

To further the County’s policy of “decreasing response time from notification of citizen needs to ultimate resolution,” the Board is acting on both the approval of the Planning Board recommended order and the LDC Map Amendment for this month’s rezoning cases. This report item addresses only the review and upholding of the Planning Board’s recommendation. The next report item will address the Public Hearing for the LDC Zoning Map Amendment.

BUDGETARY IMPACT:

This action may increase the ad valorem tax base for Escambia County.

LEGAL CONSIDERATIONS/SIGN-OFF:

The recommended order is the result of deliberations by the Planning Board based on the applicants' presentation of competent substantial evidence for each of the approval conditions, on staff analysis, public testimony, and knowledge of the Comprehensive Plan and Land Development Code as well as case law and Florida Statutes.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

The Chairman will need to sign the Orders of the Escambia County Board of County Commissioners either denying or approving the rezoning requests.

IMPLEMENTATION/COORDINATION:

The cases under review are presented to the Planning Board for collection of evidence. The Planning Board conducts a quasi-judicial public hearing and issues a recommended order to the Board of County Commissioners.

Attachments
Z-2017-06
Z-2017-11
Z-2017-12
Z-2017-13